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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />A-3 <br /> <br />Mr. Ben Urbonas, P.E. <br />April 6, 1982 <br />Page 4 <br /> <br />This latter drainage pronouncement by our Supreme <br />Court brings into focus the mobile home park and Coors. <br />Coors has provided improvements to the Clear Creek Channel <br />so as to generally protect its property in any eventuality. <br />However, the mobile home park now sits in the hazard area <br />and, even after the above improvements are made, will sit in <br />the hazard area. Consequently, the most sensitive legal <br />area in this Report revolves around documenting that any <br />improvements made upstream did not result in more harm than <br />formerly to the mobile home park. There are other legal <br />remedies to this hazardous situation but they exist and have <br />existed outside the scope and purpose of this Report. <br /> <br />SUMMARY: Whatever the District and the City of Golden <br />undertake to resolve drainage problems created by develop- <br />ment within a floodplain, should be undertaken extremely <br />carefully. There is a potential liability for "opening up" <br />two bridges that, because of their dam-like qualities, may <br />have given a false sense of security to residents of a <br />mobile home park. <br /> <br />Whatever improvements are made, they must be main- <br />tained. The channel has existed as it is for millions of <br />years and no local government has been involved in assuming <br />control of it (nor does local government have to assume <br />control.) But if "improvements" are made to the channel, <br />then there is a burden to maintain them. <br /> <br />If you have any additional questions, let me know. <br /> <br />Yours very truly, <br /> <br /> <br /> <br />Shoemaker <br /> <br />WJS:cba <br />